Judgment Search Results Home > Cases Phrase: northern india ferries act 1878 section 5 claims for compensation Court: punjab and haryana Page 2 of about 84 results (0.186 seconds)

Pepsu Road Transport Corporation, Patiala Vs. Income-tax Officer and A ...

Court : Punjab and Haryana

Reported in : [1964]51ITR441(P& H)

..... they can aptly be applied to the case in hand.as a result of the foregoing discussion i am inclined, as at present advised, to agree with the respondents contention and hold that the corporation as contemplated by the act cannot be held to be a department of the state in the sense that the state is its owner and its income is the income of the state and therefore exempt from the operation of the income-tax ..... sections 3 and 18 of the road transport corporations act, according to the counsel, must be read subject to the provisions of section 30 which provides for the disposal of the net profits.shri awasthy has on the contrary contended that exemptions are for the taxing authority to determine and this court should not on writ side entertain and adjudicate upon such claims ..... apart from the fact that the statute does not seem to postulate this position the very fact that the northern railway has contributed capital and the central government has also a controlling hand would seem to negative the contention and then it is not denied that there is no bar to the petitioner ..... section 27 creates a fund of the corporation to which all receipts of and payments to the corporation must go and the money belonging to that fund is to be deposited in the reserve bank of india or with its agents or invested in the ..... section 33 provides for keeping of accounts as prescribed by the state government in consultation with the controller and auditor-general of india to be annually audited by the letter or .....

In Re: Northern India Finance Corporation Ltd. (In Liquidation) Vs. Of ...

Court : Punjab and Haryana

Reported in : [1984]55CompCas1(P& H)

..... ), while dealing with section 43 of the act, at page 364, noticed the conflict between the views of the indian and english authorities and observed as follows :' we think it the better opinion that the enactment should be carried out to its natural consequences, and that notwithstanding the english authorities founded on a different substantive rule, such a judgment, remaining unsatisfied, ought not, in india, to be held a bar to a subsequent action against the other promisor or promisors. ..... , the facts are that the appellant-bank had sanctioned the overdraft limit of the northern india finance corporation ltd. ..... i am, therefore, of the opinion that if a suit is filed for recovery of a debt against some of the joint debtors and the amount is not recovered from them, a claim can be filed before an official liquidator against another joint debtor--a company in ..... is further observed that unless that judgment is satisfied it does not operate as a bar to his claim against the other joint promisors and he has his right of action against them. ..... in india that right of joint debtors has been expressly excluded by section 43 of the contract act, and there/ore the basis of the doctrine being absent, the doctrine itself is ..... that right was in england enforceable before the judicature acts by means of a plea in abatement, and since the judicature acts by an application for joinder, which is determined on the same principles as those on which the plea in abatement would formerly have been dealt .....

Hari Singh Vs. Gurdial Singh

Court : Punjab and Haryana

Reported in : (2000)125PLR250

..... bank of northern india, it was held 'that if a plaint or a petition, does not disclose a cause of action, it will have to be rejected but the time spent in its prosecution cannot be excluded under section 14 of the limitation act. ..... peoples bank of northern india, 2 held as under:-'the words 'or other cause of a like nature,' in section 14 must be read so as to convey something ejusdem generis or analogous with the preceding words relating to the defect ..... in support of his contention, the learned counsel for the appellants relies upon section 14 of the limitation act, which lays down that in computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceedings, whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court ..... which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.sub-clause (2) and sub-clause (3) of section 14 of the limitation act, lays down as follows:-'(2) in computing the period of limitation for any application, the time during which the applicant has been prosecuting with ..... were also given the right to claim rs. .....

Present: Mr. Ravish Bansal Advocate Vs. Superintending Canal Officer a ...

Court : Punjab and Haryana

..... the above mentioned facts, the application of the applicants and there prayer made under section 30ff of the northern india canal and drainage act is 1873, the applications and the prayer is rejected. . ..... statement in writing in this court that for disposal of the cases, if instead of water cours.e.c.shown in the site plan which is running in his land, watercours.is provided at point e.g.from field no.62//2/1 of other side along the path, then he is ready to give land falling under the water cours.to the other side from his land adjoining to the land of the other side without any compensation and he will not file any ..... was heard and was enquired regarding the factual position and he informed that the shareholders of this mogha for the last 6 years.by way of brotherhood, were getting water by turn and that the demolition of ..... gurlabh singh resident of village mallah khurd co.sharer of outlet no.95550-l, ditch channel and for disposal of both these cases, it is ordered that the watercours.b.d.e.c.shown in the site plan annexed in concerned file is running on spot, watercours.is sanctioned from point c to point g ..... `de', shown in green colour, which is now provided to the petitioners and except for raising technical pleas, no prejudice has been shown to have been caused to the petitioners ..... reports to the sub divisional officer gholian that due to brotherhood, the shareholders of the mogha are getting water by turn from there for the last about 6 years and the same is going on properly. .....

Arjan Singh @ Jit Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

..... it was also directed that if arjan singh wanted khal, he could apply to the competent authority under the provisions of the northern india canal and drainage act, 1873. ..... however, it will be open for the petitioners to approach the authority concerned for providing a watercourse in accordance with the provisions of the northern indian canal and drainage act, 1873 by way of acquisition of land in accordance with ..... 3-superintending canal officer, who upheld the order dated 10.06.2013 (annexure p-17) passed by the divisional canal officer, however, directed the divisional canal officer that if concerned share holders would apply for khal only against compensation, their applications would be considered. ..... writ petition has been filed under articles 226/227 of the constitution of india for setting aside the order dated 10.06.2013 (annexure p-17) passed by respondent no. ..... and 5 vehemently oppose the contentions of learned counsel for the petitioners and contend that actually, there was no watercourse at the spot and they have been irrigating their fields through tubewell and they have temporarily carved out khal for irrigation through tubewell only. ..... it is common knowledge that for irrigating their land from tubewell, owners carve out temporary watercourse and it is always for their personal use and the same cannot be used by ..... 4 has set up his own tubewell for irrigating his land as he has a big chunk of land at that ..... i have heard learned counsel for the parties and perused the record. .....

Ajmer Kaur and Others Vs. Punjab State and Others

Court : Punjab and Haryana

Reported in : AIR1991P& H12

..... that the plaintiff-petitioners challenged the orders of the authorities passed under the northern india canal and drainage act, 1873, in civil suit is contrary to law inasmuch as the jurisdiction of the civil court is barred under section 30(g) read with section 68 of the act (supra) which are reproduced as under:'30(g) bar of jurisdiction of the civil court -- notwithstanding anything contained in this act or any other law for the time being in force no civil court shall have jurisdiction to entertain or decide ..... the suit could not be instituted in any civil court whether a, b or c, so the plaint was required to be rejected being barred by northern india canal and drainage act, 1873. ..... is also well settled that if the civil court has no jurisdiction, grant of exemption to file the suit without serving notice under section 80 c.p.c, will not improve the situation and the plaintiff cannot stake any claim on the basis thereof as the mistaken belief could not confer jurisdiction upon court. ..... rejection of plaint:--the plaint shall be rejected in the following cases: a) where it does not disclose a cause of action; b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court fails to do so; c) where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff, on 'being required by the court to supply therequisite stamp-paper within a .....

Bant Singh and ors. Vs. Man Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1976P& H102

..... after the completion of warabandi proceedings under section 68 of the northern india canal and drainage act, the petitioners approached this court without any ..... situation, the state government issued the instructions, which have held the field till today and op the basis of which, for more than three decades, the citizens of the state have been basing their claims and getting extra supply of water for gardens and orchards by strictly following the procedure laid down in the instructions. ..... the executive instructions have been issued by the chief engineer for the guidance of the department aud the same do not confer any right on anybody nor can any claim be founded on the basis of those executive instructions,14 ..... to as the executive instructions) trained for the extra supply of canal water to the gardens and orchards, have been issued by the chief engineer, irrigation works, punjab, as head of the department, for enforcing a uniform practice in the method of allowing extra supply of canal water for gardens and orchards and that these instructions have the force of law and the petitioners can certainly base their claim on those instructions. ..... manner of doubt that the procedure kid down in rule 9 was completely disregarded; inasmuch as applications from the garden owners' were not invited, nor was any date fixed for deciding the applications of the applicants lor the enhanced suply of water nor was any noticeissued to the petitioners when the claim of respondents 1 to 3 was determined. .....

Kartar Singh and ors. Vs. the Chief Engineer, Irrigation and ors.

Court : Punjab and Haryana

Reported in : AIR1966P& H362

..... has been conceded that no action has been taken under sections 30a to 30-g of the northern india canal and drainage act by way of preparation of a draft scheme, as contemplated by these provisions, nor has any other provision of law been brought to my notice for the purpose of justifying the coercive steps against which the ..... been emphasised that no notification under section 6 of the land acquisition act has been issued nor has any draft scheme of the link drain, as envisaged by section 30b of the northern india canal and drainage act, been published in accordance with ..... but under the rule of law, the private citizen and his property are not an object of administration by the government, not a means to be used for its purpose, it is only when the administrative agency interferes with private sphere of the citizen that the problem of discretion becomes relevant; the principle of the rule of law means that ..... the contention that the respondents have a discretion to carry out a beneficial measure which is for the good of the people, and this court should not in its discretion interfere with the exercise of such power, is, in my opinion, somewhat misconceived ..... i quite see that the suggested drain may be for the benefit of all the citizens in the locality, but this by itself does not justify any coercive steps on the land of an unwilling holder, which is not sanctioned ..... is on these averments that this court has been approached for suitable relief by means of an appropriate writ, order .....

Jaggar Singh Vs. Superintending Canal Officer

Court : Punjab and Haryana

Reported in : (1998)118PLR341

..... bhkinda, dated 23.3.1978 is not reasonable and is technically incorrect and is quashed under section 68(6) of northern india and drainage act viii of 1873 as amended. ..... in case of his disagreement, the next share-holder alone is placed at nikal if full deduction of nikal is possible for his shareturn and so on.in this case full deduction of nikal is not possible from the respondent jaggar singh who is at the tail end of the water course.as such he alone cannot be kept at nikal. ..... next higher up shareholder is appellant mit singh who is not willing for treating his wari 'composite shareturn' with that of respondent jaggar singh. ..... although the learned counsel for the appellant has not appeared to support the case set up by the appellant, we have gone through the entire record with the assistance of the learned deputy advocate general, punjab and we are in agreement with ..... what has happened in the present case is that on an application filed by khilu singh, proceedings were initiated for warabandi of water course. ..... however, on a writ petition filed by jaggar singh (cwp 3993 of 1978), this court quashed the order dated 10.7.1978 passed by the superintending canal officer and remitted the matter back to the said authority for fresh decision. .....

Present: Mr. Prem Nath Aggarwal Advocate Vs. the Superintending Canal ...

Court : Punjab and Haryana

..... (oral) the impugned order was a challenge to the order passed by the authorities constituted under the northern india canal and drainage act. ..... the petitioners were persons, who were landowners securing irrigation facilities through outlet 90719-r and they were aggrieved by the favourable orders passed in favour of respondents 3 and 4 allowing for shifting the irrigation to their lands from outlet 84685-r to outlet 90719-r. ..... the petitioners.objection was that the respondents 3 and 4 were actually purchasers from the erstwhile landowners whose land were fed from outlet 84685-r and when they did not have objection for the water from outlet 84685, there was particularly no reason why a request made for shifting the outlet kumar sanjeev 2014.05.12 11:11 civil writ petition no.15202 of 1992 (o&m) -2- for the benefit of respondents 3 and 4 only. ..... i do not think there is a need for setting the clock back and allowing for the enforcement of the order which had been stayed all these years.it would only be exigent to allow for the status quo as on the date when the court ordered notice in the year 1992 to prevail and that would mean quashing the impugned proceedings and allowing the objections of the petitioners to prevail ..... today when the matter being taken up for final hearing, there is no representation on behalf of respondents 3 and 4 to press for their rights under the impugned order. ..... ---- present: mr.prem nath aggarwal, advocate, for the petitioners.mr.ranbir singh pathania, dag, punjab. .....